LandIS -RFP-Final-Amendment 2 Section B-M.pdf

Amendment 002 80GSFC22R0038

B-1

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B1. 1852.216-85 ESTIMATED COST AND AWARD FEE (SEP 1993)

CLIN 001, LandIS Units 1, 2, & 3

The estimated cost of this contract is $TBD . The maximum available award fee is $ TBD. Total estimated cost, and maximum award fee are $TBD .

(End of clause)

B2. 1852.216-74 ESTIMATED COST AND FIXED FEE (DEC 1991)

CLIN 002, LandIS Option, Unit 4

The estimated cost of this contract is $TBD exclusive of the fixed fee of $TBD. The total estimated cost and fixed fee is $TBD.

B3. 1852.232-81 CONTRACT FUNDING (JUN 1990)

CLIN 001, LandIS Units 1, 2, & 3

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $ TBD. This allotment is for work to be performed in accordance with Attachment A; LandIS Statement of Work and covers the following estimated period of performance: Effective Date through

TBD.

(b) An additional amount of $ is obligated under this contract for payment of fee.

CLIN 002, LandIS Option, Unit 4

a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of

Funds clause, the total amount allotted by the Government to this contract is $ TBD. This allotment is for work to be performed in accordance with Attachment A; LandIS Statement of Work and covers the following estimated period of performance: Effective Date through

TBD.

(b) An additional amount of $TBD is obligated under this contract for payment of fee.

B-2

B4. GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (NOV 2022)

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items listed below and in accordance with the Statement of Work (SOW), incorporated as Attachment A, the LandIS Deliverable Items List (DIL), Attachment C, and LandIS Requirements Document (LaRD), Attachment D.

DOCUMENTATION

Item Description Reference Schedule Delivery Method/

Addressee(s)

Services and Deliverables in accordance with Attachment A, SOW, and Attachment D, LaRD

As Defined in Attachment A, SOW, and D, LaRD

As Defined in Attachment A, SOW, and D, LaRD

Electronic Format/ CO &

COR

2 Special Study Task Plans Section I. Clause I.13

As Required in Clause I.13

As specified in individual study task orders

Not Separately Priced:

3 Reports of Work

Section C

GSFC 52.235-91

Section H

NFS 1852.235-73

As Required in Clause

NFS 1852.235-73

As specified in Clause 1852.235-73

4 NASA Financial Management Reports

Section G

NFS 1852.242-73

GSFC 52.242-90

CDRL PM - 7

Monthly and Quarterly in accordance with CDRL LandIS-

PM - 7

Electronic Format/ Contracting Officer (CO), Contracting Officer’s Representative

(COR),

Resource Analyst (RA) & Regional Finance Office

Material Inspection and Receiving Reports (MIRR) (DD Form 250)

Section E

NFS 1852.246-72

GSFC 52.246-94

At Time of Delivery

Hard Copy/ CO, COR, and Receiving & Inspection

B-3

Item Description Reference Schedule Delivery Method/

Addressee(s)

6 Requests for Government Property

Section G

NFS 1852.245-70

30 Days Prior to Acquire Date

Electronic Format/ CO

Financial Report of NASA Property in the Custody of Contractors (NF 1018)

Section G

NFS 1852.245-73

Annual Report by October 15th and Final Report

NF 1018

Electronic Submission System (NESS)

Physical Inventory of Capital Personal Property Reporting

Section G

NFS 1852.245-78

Within 10 Days of Annual Physical Inventory

Property Administrator

Supplemental Financial Report of NASA Property in the Custody of Contractors

Section G

GSFC 52.245-99

Monthly By the 21st of each Month and Final Report

Contractor-Held Asset Tracking System (CHATS) at https://chats.nasa .gov

Small Business Subcontracting Plan Reporting

Section H

GSFC 52.219-90

Section I

NFS 1852.219-75

ISR–Semi- Annual (April 30th and October 30th) and Final SSR – Annual (October 30th)

Electronic Format/ Electronic Subcontract Reporting System (eSRS)

11 Safety & Health Reporting Section H

NFS 1852.223-75

Monthly/ Quarterly Reports and as required

NASA Mishap Information System (NMIS)

12 Equal Opportunity Reports Section I

FAR 52.222-26

As Specified by

FAR 52.222-26

Electronic Format/ CO & Code 120

13 Certificate of Insurance Section I

FAR 52.228-7

NFS 1852.228-75

As Specified by

FAR 52.228-7

Electronic Format/ CO

Subcontract Notification

Section I

FAR 52.244-2

30 Days Prior to Subcontract Award Date

Electronic or Hard Copy Format/ CO

IT Security Management Plan

NFS 1852.204-76

30 Days after Contract Effective Date & Annual Updates As Required

Electronic Format/ CO

B-4

Item Description Reference Schedule Delivery Method/

Addressee(s)

Reporting of Inventions

Section G

NFS 1852.227-72

NFS 1852.227-70

FAR 52.227-11

Interim Reports Every 12 Months (or sooner to preserve Patent Rights) and Final Report within 3 Months after Contract Completion

Electronic or Hard Copy Format/New Technology Representative or Patent Representative

17 Organizational Conflicts of Interest (OCI) Avoidance Plan

NFS 1852.237-72

To be Submitted with Proposal

Electronic Format/CO

18 Diversity, Equity, Inclusion, and Accessibility (DEIA) Plan

Attachment U, DEIA Plan Data Requirements Description

30 Days after Contract Effective Date

Electronic Format to the Contracting Officer

NOTE: Unless otherwise specified, “day” means “calendar day”.

B5. GSFC 52.217-91 OPTION FOR INCREASED QUANTITY (SEP 2013)

In accordance with the Option for Increased Quantity--Separately Priced Line Item clause of this contract, the Government may increase the quantity of items as follows:

Option Description Qty Delivery Date Amount

1 CLIN 002, LandIS (unit No. 4) 1

No Later Than Option Exercise Date + 123 Months (through successful On-orbit Acceptance Review).

Estimated Cost $TBP

Fixed Fee $TBP Total CPFF $TBP

This option may be exercised by the Contracting Officer by written notice to the Contractor within the time period specified in FAR clause 52.217-7, "Option for Increased Quantity-- Separately Priced Line Item" of this contract.

B-5

B6. GSFC 52.232-94 ESTIMATED COST INCREASES (DEC 2005)

(a) The Contractor shall notify the Contracting Officer in writing when the Contractor has reason to believe that the total cost for performance of this contract, or any Contract Line Item Number (CLIN) , exclusive of any fee, will be either greater or substantially less than the total estimated cost stated in this contract or on any specific CLIN. Notification shall not be delayed pending preparation of a proposal.

(b) A proposal is required to support a request for an increase in the estimated cost of the contract or the task order. The proposal should be submitted as soon as possible after the above notification but no later than 115 days before the incurred costs are expected to exceed the estimated cost. This will allow adequate time for the Government to evaluate the proposal and to mutually establish any increase in estimated cost with the Contractor.

(c)(1) The proposal shall be submitted in the following format unless some other format is directed or approved by the Contracting Officer:

Incurred costs to date

Projected cost to completion

Total cost at completion

Current negotiated estimated cost

Requested increase in estimated cost

(2) The “projected cost to completion” shall consist of the following “other than cost or pricing data” unless the Contracting Officer requests or approves the submittal of a greater or lesser amount of information:

(i) Elements of cost with supporting detail for estimated direct labor hours, direct and indirect rates, materials and subcontracts, and other elements.

(ii) Supporting explanation for the increases and projections, sufficient for the Government to understand the reasons for the increased estimated cost.

(END OF SECTION B)

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GSFC 52.211-91 SCOPE OF WORK (FEB 2016)

The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the Supplies and/or Services To Be Provided clause of this contract in accordance with:

Attachment A: LandIS Statement of Work (SOW) Attachment B: LandIS Contract Data Requirements List (CDRL) and Data Item Descriptions (DID) Attachment C: LandIS Deliverable Items List (DIL) Attachment D: LandIS Requirements Document (LaRD) Attachment E: LandIS Simulator Requirements Document (LANDIS Sim RD) Attachment F: LandIS Interface Requirements Document (IRD) Attachment G: LandIS Instrument Mission Assurance Requirements (IMAR) Attachment H: Landsat Next Instrument Suite (LandIS) GSFC-STD-100, Goddard Open Learning Design (GOLD) Rules, Applicability Matrix Attachment I: Landsat Next Space Environment Requirements (LSERD) Attachment J: Landsat Next Environmental Requirements Document (LNERD) Attachment K: Landsat Next Radiation Environments Document Attachment L: Landsat Next Top of Atmosphere Document Attachment M: Landsat Next Worldwide Reference System 3(WRS-3) Definition Attachment N: Landsat Next Analytical Math Model Definitions Attachment O: Landsat Next Design Reference Case (DRC-18) Attachment P: Special Calibration Test Requirements (SCTR) Appendix A to LandIS SOW Attachment T: Information Technology (IT) Security Applicable Documents List Any Special Studies issued

C.2 GSFC 52.227-90 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER

SOFTWARE (MAR 2008)

In accordance with the delivery requirements of this contract, all software data rights shall be delivered in accordance with the Rights in Data – General clause, specified elsewhere in this contract, except for the following:

NONE

C-2

C.3 GSFC 52.235-91 REPORTS OF WORK (CORE) (MAR 2022)

(a) Monthly progress reports. The Contractor shall submit monthly progress reports of all work accomplished during each month of contract performance. Reports shall address the accomplishments and progress of all work performed the month being reported. The report shall be in narrative form and brief in content. The report shall include a description of technical accomplishments and status of deliverables. Also the report shall provide a quantitative description of overall progress and identify any risks or problems, which may impede performance and proposed corrective actions. Also the report shall have a discussion of the projected work activities to be performed during the next monthly reporting period.

(b) Final Report. The Contractor shall submit a final report that summarizes the results of the entire contract, including recommendations and conclusions based on the experience and results obtained. The final report should include, as appropriate, tables, graphs, diagrams, curves, sketches, photographs, and drawings in sufficient detail to comprehensively explain the results achieved under the contract.

(c) Submission. The Contractor shall submit the reports required by this clause as follows:

Copies Report Type Addressee Mail Code 1 M,F Contracting Officer (CO) 178 1 M,F Contracting Officer’s Representative (COR) 426

[M=Monthly Report, F=Final Report]

(d) Submission dates. Monthly reports shall be submitted by the 15th day of the month following the month being reported. If the contract is awarded beyond the middle of a month, the first monthly report shall cover the period from award until the end of the following month. The final report shall be submitted within 30 days after completion of the [contract or order].

(END OF SECTION C)

D-1

SECTION D - PACKAGING AND MARKING

D.1 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 2005)

D.2 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

(a) The Contractor shall identify all equipment to be delivered to the Government using NASA Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.

(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item’s operation.

(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:

(1) Item Description.

(2) Unique Identification Number (License Tag).

(3) Unit Price.

(4) An explanation of the data used to make the unique identification number.

(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:

(1) Date originally placed in service.

(2) Item condition.

(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:

D-2

Goddard Space Flight Center

Building 35, Code 279 Greenbelt, MD 20771

(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.

(END OF SECTION D)

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

The Clauses below are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.

52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT--COST-

REIMBURSEMENT (MAY 2001)

52.246-11 HIGER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

Attachment G – LandIS Instrument Mission Assurance Requirements (IMAR)

E.2 1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS

(OCT 1988)

In accordance with the inspection clause of this contract, the Government intends to perform quality assurance functions in accordance with the Safety and Mission Assurance Surveillance Plan (SMASP).

E.3 1852.246-72 MATERIAL INSPECTION AND RECEIVING REPORT (APR 2015)

(a) At the time of each delivery to the Government under this contract, the Contractor shall prepare and furnish a Material Inspection and Receiving Report (DD Form 250 series).

The form(s) shall be prepared and distributed as follows:

(1) Via mail and marked "Advance Copy", one copy each to the Contracting

Officer, the Contracting Officer's Representative (if designated in the contract), and to the cognizant Administrative Contracting Officer, if any.

(2) Via mail, the original and 1 copy (unfolded) to the shipment address (delivery point) specified in Section F of this contract. Mark the exterior of the envelope "CONTAINS DD FORM 250". This must arrive prior to the shipment.

(3) With shipment in waterproof envelope (one copy) for the consignee.

(4) If the shipment address is not directly to the Goddard Space Flight Center

(Greenbelt) then one copy of the DD Form 250 must be provided (via mail) to the following addresses:

E-2

Receiving and Inspection (Code 279), Goddard Space Flight Center, Greenbelt, MD 20771.

(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR Supplement 1846.6. The Contractor shall enclose the copies of the DD Form 250 in the package or seal them in a waterproof envelope, which shall be securely attached to the exterior of the package in the most protected location.

(c) When more than one package is involved in a shipment, the Contractor shall list on the

DD Form 250, as additional information, the quantity of packages and the package numbers. The Contractor shall forward the DD Form 250 with the lowest numbered package of the shipment and print the words “CONTAINS DD FORM 250” on the package.

E.4 GSFC 52.246-93 ACCEPTANCE -- LOCATION(S) (SEP 2013)

The Contracting Officer or authorized representative will accomplish acceptance at the following location(s):

Deliverable

Item No.

Location Authorized

Representative DIL Item A-1

Conditional Acceptance - Spacecraft Contractor’s Facility Final Acceptance - Through successful On-Orbit Acceptance Review

CO/COR

DIL Item A-2

Spacecraft Contractor’s Facility COR

DIL Item A-3

Spacecraft Contractor’s Facility/ GSFC MOC COR

DIL Item A-4

Instrument Contractor’s Facility COR

DIL Item A-5

Goddard Space Flight Center COR

DIL Item A-6

Spacecraft Contractor’s Facility COR

DIL Item A-7

Spacecraft Contractor’s Facility COR

DIL Item A-8

Spacecraft Contractor’s Facility COR

DIL Item A-9

Goddard Space Flight Center COR

DIL Item A-10

Goddard Space Flight Center COR

E-3

DIL Item A-11

Goddard Space Flight Center COR

DIL Item B-1

Item 1 Goddard Space Flight Center COR Items 2 through -18

Goddard Space Flight Center AS SPECIFIED

IN CLAUSE B.4

Option 1 for CLIN 002, LandIS unit No. 4

Deliverable Item No.

Location Authorized Representative

DIL Item

OI-1

Conditional Acceptance – Spacecraft Contractor’s Facility Final Acceptance - After successful On-Orbit Check-Out

CO/COR

DIL Item

OI-2

Goddard Space Flight Center COR

DIL Item

OI-3

Spacecraft Contractor’s Facility COR

DIL Item

OI-4

Spacecraft Contractor’s Facility COR

DIL Item

OI-5

Goddard Space Flight Center COR

DIL Item

OI-6

The Contracting Officer reserves the right to designate other Government agents as authorized representatives. The Contractor will be notified by a written notice or by a copy of the delegation letter if other agents are authorized.

E.5 GSFC 52.246-94 MATERIAL INSPECTION AND RECEIVING REPORT NOT

REQUIRED (APR 1989)

NASA FAR Supplement clause 1852.246-72 of this contract requires the furnishing of a Material Inspection and Receiving Report (MIRR) (DD Form 250 series) at the time of each delivery under this contract. However, a MIRR is not required for the following deliverable items:

Items 2 through 18 identified in Clause B4.

E-4

E.6 GSFC 52.246-102 INSPECTION SYSTEM RECORDS (APR 2013)

The Contractor shall maintain records evidencing inspections in accordance with the Inspection clause of this contract for six (6) years after delivery of all items and/or completion of all services called for by the contract.

E.7 ACCEPTANCE OF HARDWARE

(a) Definitions. Conditional Acceptance, as used in this article, means the Government shall preliminarily accept, as indicated on form DD-250, the deliverable items that are to be delivered to the spacecraft contractor, as specified in Clause F.4, SHIPPING INSTRUCTIONS – NON-CENTRAL RECEIVING. This conditional acceptance is solely for the purpose of providing these items as Government-Furnished Property to the Spacecraft Contractor. The Spacecraft Contractor will then proceed with appropriately storing the instruments or immediately integrating the instruments to the spacecraft bus.

Repairs of damage due to storage, handling, or transportation after Conditional Acceptance will be the responsibility of the Government; repairs of non-conforming hardware due to design, limited-life items, or workmanship will be the responsibility of the Contractor. The Government will perform final acceptance of (LandIS) Item A-1 (and OI-1 if Option is exercised), following successful completion of on orbit checkout nominally 100 days after launch (per SOW 3.12.11).

(b) For the deliverable item A-1 (and OI-1 if Option is exercised) that is to be delivered to the Spacecraft Contractor, as specified in Clause F.4, SHIPPING INSTRUCTIONS – NON-CENTERAL RECEIVING, the Contracting Officer or authorized representative will accomplish conditional acceptance upon successful completion of a post-delivery checkout of the hardware at the Spacecraft Contractor's facility and prior to installation of the instrument on the spacecraft . The Contracting Officer or authorized representative will accomplish final acceptance of all other deliverables as indicated in Clause E.4, ACCEPTANCE –LOCATIONS.

(c) For the purpose of this clause, the Contracting Officer's Representative named in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives.

The Contractor will be notified by a written notice or by a copy of the delegation letter if other agents are authorized.

(d) For the purpose of this clause, final acceptance of the instrument will be independent of acceptance of the spacecraft.

(e) For the purpose of Clause E.1 INSPECTION OF RESEARCH AND DEVELOPMENT – COST - REIMBURSEMENT, paragraph (e), acceptance means final acceptance.

E-5

(f) For the purpose of Clause E.1 INSPECTION OF RESEARCH AND DEVELOPMENT – COST - REIMBURSEMENT, paragraph (f), the acceptance provision concerning the six-month correction and replacement period for all A Items and OI Items (if Option is exercised), becomes effective at final acceptance.

(End of Text)

(END OF SECTION E)

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.242-15 STOP-WORK ORDER (AUG 1989) ALTERNATE I (APR 1984)

F.2 1852.247-72 ADVANCE NOTICE OF SHIPMENT (OCTOBER 1988)

Fourteen (14) work days prior to shipping DIL item(s) A-1 through A-5, the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to the Contracting Officer’s Technical Representative and to the Contracting Officer.

F.3 GSFC 52.217-92 PERIOD OF PERFORMANCE (JAN 2014)

The period of performance of this contract shall be the effective date of the contract through launch plus 100 days for successful completion of on-orbit checkout.

F.4 GSFC 52.247-95 SHIPPING INSTRUCTIONS--NON-CENTRAL RECEIVING (FEB

2016)

Shipment of the items required under this contract shall be to:

Item No. Address Marked For

DIL A-1, OI-1 Spacecraft Contractor's Facility TBD

DIL A-2 Spacecraft Contractor’s Facility TBD

DIL A-3 Spacecraft Contractor's Facility/ GSFC MOC TBD

DIL A-4 In place at Instrument Contractor's Facility TBD

DIL A-5, OI-2 NASA/Goddard Space Flight Center TBD

DIL A-6 Spacecraft Contractor's Facility TBD

DIL A-7, OI-3 Spacecraft Contractor's Facility TBD

DIL A-8, OI-4 Spacecraft Contractor’s Facility TBD

F-2

DIL A-9, OI-5 NASA/Goddard Space Flight Center TBD

DIL A-10, OI-6 NASA/Goddard Space Flight Center TBD

DIL A-11 NASA/Goddard Space Flight Center TBD

DIL B-1 NASA/Goddard Space Flight Center TBD

Items 1 through 18 NASA/Goddard Space Flight Center TBD

Compliance with this clause is necessary to assure verification of delivery and acceptance and prompt payment.

If any of the above shipping addresses are to the Goddard Space Flight Center, Greenbelt, Maryland delivery personnel must first stop at Receiving Officer (Building 35) to provide a copy of the receiving report (DD 250) to Receiving personnel before making delivery to the on-site location(s) specified above. If this is a fixed price type contract, failure to provide the DD 250 to Receiving may result in reduction or non-payment by the Government of any interest penalty under the Prompt Payment Act.

F.5 GSFC 52.237-92 PLACE OF PERFORMANCE

The work to be performed under this contact shall be performed at the following location(s):

The Contractor’s facility; TBP

(End of Text)

(END OF SECTION F)

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and

1852.216-75 PAYMENT OF FIXED FEE (DEC 1988)

1852.227-70 NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM

OR NONPROFIT ORGANIZATION (APR 2015)

1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND

PATENT REPRESENTATIVE (APR 2015)

1852.242-73 NASA CONTRACTOR FINANCIAL MANAGEMENT REPORTING

(NOV 2004)

1852.245-70 CONTRACTOR REQUESTS FOR GOVERNMENT-FURNISHED

PROPERTY (AUG 2015)

1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY

(AUG 2015)

G.2 1852.216-77 AWARD FEE FOR END ITEM CONTRACTS (AUG 2016)

(a) The contractor can earn award fee, or base fee, if any, from a minimum of zero dollars to the maximum stated in NASA FAR Supplement clause 1852.216-85, “Estimated Cost and Award Fee” in this contract. All award fee evaluations, with the exception of the last evaluation, will be interim evaluations. At the last evaluation, which is final, the Contractor’s performance for the entire contract will be evaluated to determine total earned award fee. No award fee or base fee will be paid to the Contractor if the final award fee evaluation is “poor/unsatisfactory.”

(b) Beginning 6 months after the effective date of this contract, the Government will evaluate the Contractor’s interim performance every 6 months to monitor Contractor performance prior to contract completion and to provide feedback to the Contractor. The evaluation will be performed in accordance with Landsat Next Instrument Suite For the Landsat Next Mission performance evaluation plan to this contract. The Contractor may submit a self-evaluation of performance for each period under consideration. These self-evaluations will

G-2 be considered by the Government in its evaluation. The Government will advise the Contractor in writing of the evaluation results. The plan may be revised unilaterally by the Government prior to the beginning of any rating period to redirect emphasis.

(c)(1) Base fee, if applicable, will be paid in monthly installments based on the percent of completion of the work as determined by the Contracting Officer.

(2) Interim award fee payments will be made to the Contractor based on each interim evaluation. The amount of the interim award fee payment is limited to the lesser of the interim evaluation score or 80 percent of the fee allocated to that period less any provisional payments made during the period. All interim award fee payments will be superseded by the final award fee determination.

(3) Provisional award fee payments will be made under this contract pending each interim evaluation. If applicable, provisional award fee payments will be made to the Contractor on a monthly basis. The amount of award fee which will be provisionally paid in each evaluation period is limited to 80 percent of the prior interim evaluation score (see Performance Evaluation Plan), except for the first evaluation period which is limited to 80 percent of the available award fee for that evaluation period. Provisional award fee payments made each evaluation period will be superseded by the interim award fee evaluation for that period. If provisional payments made exceed the interim evaluation score, the Contractor will either credit the next payment voucher for the amount of such overpayment or refund the difference to the Government, as directed by the Contracting Officer. If the Government determines that (i) the total amount of provisional fee payments will apparently substantially exceed the anticipated final evaluation score, or

(ii) the prior interim evaluation is “poor/unsatisfactory,” the Contracting Officer will direct the suspension or reduction of the future payments and/or request a prompt refund of excess payments as appropriate. Written notification of the determination will be provided to the Contractor with a copy to the Deputy Chief Financial Officer (Finance).

(4) All interim (and provisional, if applicable) fee payments will be superseded by the fee determination made in the final award fee evaluation. The Government will then pay the Contractor, or the Contractor will refund to the Government the difference between the final award fee determination and the cumulative interim (and provisional, if applicable) fee payments. If the final award fee evaluation is “poor/unsatisfactory”, any base fee paid will be refunded to the Government.

(5) Payment of base fee, if applicable, will be made based on submission of an invoice by the Contractor. Payment of award fee will be made by the NASA Shared Services Center (NSSC) based on issuance of a unilateral modification by the Contracting Officer.

(d) The Contracting Officer may direct the withholding of interim award fee payments until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government’s interest relative to an orderly and timely closeout of the contract. This

G-3 reserve shall not exceed 15 percent of the contracts total potential award fee or $100,000, whichever is less.

(e) Award fee determinations are unilateral decisions made solely at the discretion of the

Government.

G.3 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR

2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

G-4

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

G.4 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY

OF CONTRACTORS (JAN 2017)

(a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form and

G-5

NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA.

(b)(1) Subcontractor use of NF 1018 is not required by this clause; however, the Contractor shall include data on property in the possession of subcontractors in the annual NF 1018.

(2) The Contractor shall mail the original signed NF 1018 directly to the cognizant

NASA Center Industrial Property Officer: GSFC, Supply and Equipment Management Branch, Code 273, Greenbelt, MD 20771 and a copy to the cognizant NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(3) One copy shall be submitted (through the Department of Defense (DOD) Property

Administrator if contract administration has been delegated to DOD) to the following address: GSFC, Supply and Equipment Management Branch, Code 273, Greenbelt, MD 2077, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

(c)(1) The annual reporting period shall be from October 1 of each year through September

30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st.

(2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors’ procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report) cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

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(3) In addition to an annual report, if at any time during performance of the contract, NASA-owned property in the custody of the Contractor has a value of $10 million or more, the Contractor shall also submit a report no later than the 21st of each month in accordance with the requirements of paragraph (c)(2) of this clause.

(4) The Contracting Officer may, in NASA’s interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

(d) A final report shall be submitted within 30 days after disposition of all property subject to reporting when the contract performance period is complete in accordance with paragraph (b)(1) through (3) of this clause.

G.5 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO

FAR 52.245-1 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified below, on a no charge-for-use basis pursuant to the clause at FAR 52.245-1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at the Contractor’s facility and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245-1, the Contractor is accountable for the identified property.

Item Description

Acquisition Date

Acquisition Cost

Quantity If equipment

Manufacturer Model Serial Number

Independent Test Equipment for Radiometric Testing

Instrument

CDR

TBD TBD TBD TBD TBD

Instrument Mounted Spacecraft Components

Instrument

CDR

TBD 2 TBD TBD TBD

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Drill Templates Instrument Mounted Spacecraft Components Mass Models

Instrument

CDR

TBD 3 TBD TBD TBD

LandIS Data Server

Instrument

CDR

TBD 1 TBD TBD TBD

G.6 GSFC 52.242-90 FINANCIAL MANAGEMENT REPORTING (JUN 2014)

(a) Requirements. This clause provides the supplemental instructions referred to in NASA FAR Supplement (NFS) clause 1852.242-73. The NFS clause and NASA Procedural Requirements (NPR) 9501.2E, “NASA Contractor Financial Management Reporting”, establish report due dates and other financial management reporting requirements. NPR 9501.2E permits withholding of payment for noncompliance.

(b) Supplemental instructions.

(1) Monthly (NF 533M) reports are required. Quarterly (NF 533Q) reports are also required. The reporting structure shall be in accordance with CDRL LandIS-PM-7.

(2) As stated in NPR 9501.2E, NASA strongly encourages electronic contractor cost reporting. The preferred formats are Excel and Adobe. Contact the Contracting Officer for any E-Mail addresses that are not provided or which become noncurrent.

Distribution shall be as follows:

Contracting Officer, Code 178 E-Mail: Michael.W.Levy@nasa.gov

Contracting Officer’s Representative, Code 426 E-Mail: TBD

Resources Analyst, Code TBD E-Mail: TBD

Regional Finance Office Cost Team, Code 155.2 E-Mail: GSFC-rfocateam@lists.nasa.gov

Administrative Contracting Officer (if delegated)

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(c) Web site. NPR 9501.2E, “NASA Contractor Financial Management Reporting”:

http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=9501&s=2E

G.7 GSFC 52.245-99 SUPPLEMENTAL FINANCIAL REPORTING OF NASA

PROPERTY IN THE CUSTODY OF CONTRACTORS (JUNE 2019)

(a) In addition to the annual 1018 reporting required under clause NFS 1852.245-73 of this contract, the Contractor shall submit monthly property financial reports as described below if, at either award or any time during contract performance, the cumulative amount of NASA property is $10 million or more.

(1) Monthly property financial reports shall be submitted including item-level supporting data for all items acquired/fabricated/modified where the total acquisition cost of the item is $500,000 or more, in the contractor’s or its subcontractors’ possession. This data shall be submitted for all items in the property classifications of real property, equipment, special test equipment, special tooling, and agency peculiar property.

(2) Monthly data shall also be submitted for items of any acquisition cost in the classifications of materials and contract work-in-process (WIP). Specifically, itemized monthly data is required for materials and WIP line items when the estimated total acquisition cost of any item at completion will be $500,000 or more.

(b) The monthly reports shall be electronically submitted using the Contractor-Held Asset Tracking System (CHATS) at https://chats.nasa.gov using the format described in the CHATS user’s manual.

(c) Acquisition costs shall be developed using actual costs to the greatest extent possible, especially costs directly related to fabrication such as labor and materials. Supporting documentation shall be maintained and available for all amounts reported, including any amounts developed using estimating techniques.

(d) All adjustments shall be thoroughly explained and directly related to a specific Government Fiscal Year (GFY). If the GFY cannot be determined, the default shall be the previous GFY.

(e) Work Breakdown Structures (WBS) shall be provided for all Contractor acquired property (CAP), WIP, and any new materials acquired. The format shall be a five digit numerical level. (i.e., 803-10). If the WBS is not identifiable, contact the NASA GSFC Property Office for further guidance, as provided in paragraph (f)(4) below.

(f)(1) The data required for the monthly submission is due the 21st day after the close of the month.

G-9 e.g., August 21 for the month ending July 31 September 21 for the month ending August 31 October 21 for the month ending September 30

(2) The monthly property financial reports required by this clause are separate from, and in addition to the annual NF 1018 reports.

(3) Both the NF 1018 report data and the September monthly report data are as of September 30. Corrections in monthly report data shall be handled as adjustments in the next monthly report after discovery of the error. (e.g., Errors in the September monthly report shall be reported as adjustments in the October monthly report. The NF 1018 shall reflect the corrected numbers and the contractor shall provide a note regarding the corrected monthly report error under Comments in the NF 1018.) Errors in the NF1018 found after the November 30 submission shall be reported as adjustments in the NF 1018 for the next reporting year, unless immediate correction and resubmission are directed by

NASA.

(4) Questions may be directed to the following individuals of the NASA GSFC Property Office:

Angela King, (301) 286-3543, email angela.c.king@nasa.gov Timothy Kelly (301) 286-8819, email: timothy.e.kelly@nasa.gov

[End of Clause]

(END OF SECTION G)

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and

1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)

1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR SPACE

EXPLORATION ACTIVITIES UNRELATED TO THE INTERNATIONAL SPACE

STATION (OCT 2012)

1852.235-73 FINAL SCIENTIFIC AND TECHNICAL REPORTS (DEC 2006)

ALTERNATE II (DEC 2005)

1852.244-70 GEOGRAPHIC PARTICIPATION IN THE AEROSPACE PROGRAM

(APR 1985)

H.2 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at Goddard Space Flight Center where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

H-2

H.3 GSFC 52.219-90 SMALL BUSINESS SUBCONTRACTING PLAN AND REPORTS

(NOV 2021)

a. Subcontracting Plan (Contractor)

FAR clause 52.219‑9, "Small Business Subcontracting Plan", is included in this contract.

The agreed to Subcontracting Plan required by the clause is included as an attachment to the contract.

b. Subcontracting Plan (Subcontractors)

In accordance with FAR clause 52.219‑9 Small Business Subcontracting Plan, the Contractor must require that certain subcontractors adopt a plan similar to the Plan agreed to between the Contractor and the Government.

c. Individual Subcontract Reports (ISRs)

The Contractor shall prepare and submit their Individual Subcontract Reports (ISRs) (formerly known as the Standard Form 294), in accordance with the instructions listed in the Electronic Subcontract Reporting System (eSRS), available at http://esrs.gov.

ISRs must be submitted electronically in eSRS on a semi-annual basis. This report must be received no later than April 30 and October 30 each year for the reporting periods ending March 31 and September 30, respectively. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last reporting period.

A final ISR must be submitted after contract completion. The final ISR submittal must be received no later than the due date for what would have been the next semi-annual report.

d. Summary Subcontract Reports (SSRs)

The Contractor shall prepare and submit Summary Subcontract Reports (SSRs) (formerly known as the Standard Form 295), in accordance with the instructions listed in the eSRS, available at http://esrs.gov and in accordance with FAR clause 52.219-9 Small Business Subcontracting Plan of this contract.

The SSRs must be submitted electronically in eSRS on an annual basis. This report must be submitted no later than October 30 each year for the twelve month period ending September 30.

e. Subcontractor Reporting

FAR clause 52.219‑9 Small Business Subcontracting Plan requires that the Contractor ensure that ISR and SSR reports are submitted by those subcontractors that have been

H-3 required to adopt a Subcontracting Plan under the terms of the clause. These subcontractor reports must be submitted as required by paragraphs (c) and (d) above. The reports may be submitted through the Contractor or submitted directly. Regardless, the Contractor is responsible for ensuring proper and timely submittal of the required reports.

H.4 GSFC 52.223-92 GOVERNMENT PROPERTY - COMPLIANCE WITH SAFETY

STANDARDS (FEB 2016)

This contract involves the use of Government-furnished property or installation provided property. If any of the property does not conform to applicable Federal, state, or local safety standards, the Contractor shall promptly notify the Contracting Officer in writing with a copy to the Goddard Space Flight Center Safety Division, Code 360.

H.5 GSFC 52.227-93 APPLICABILITY OF RIGHTS IN DATA - SPECIAL WORKS

(MAR 2008)

The “Rights in Data - Special Works” clause of this contract applies to the following aspects (or items):

None.

H.6 GSFC 52.227-99 RIGHTS IN DATA (NOV 2018)

The default Data Rights clause under this contract is FAR 52.227-14 RIGHTS IN DATA- GENERAL—Alternate II and Alternate III as modified by NASA FAR Supplement 1852.227-14 and GSFC 52.227-90. Any exceptions to this clause will be covered by FAR 52.227-17 RIGHTS IN DATA—SPECIAL WORKS, if applicable, and GSFC 52.227-93.

H.7 LAUNCH DELAYS

The delivery schedule and/or period of performance for CLIN 001 is based upon a spacecraft launch date of November 30, 2030. The delivery schedule and/or period of performance for Option 1/CLIN 002 (if exercised) is based upon a spacecraft launch date of November 2036. In the event of a Government directed delay of the launch date, the Contracting Officer may inform the Contractor, in writing, of the revised launch date, and allow the Contractor to submit a proposal for the effect of this delay on the cost, delivery schedule, or other terms of the contract. This may result in an equitable adjustment to the estimated cost, fee(s), if any, and delivery schedule or period of performance. Failure to

H-4 agree to an adjustment shall be considered as a dispute under the Disputes clause.

However, nothing in this clause shall excuse the Contractor from proceeding with the contract as extended.

(End of text)

H.8 SPECIAL STUDIES SUPPORT REQUIREMENTS

In order to accomplish the special studies support required by Section 4.0 of Attachment A, LandIS Statement of Work, the Government may order support at a maximum of $9,000,000, inclusive of fee. The support provided under this clause excludes any analysis covered as part of the base contract. The efforts will be focused on risk reduction and risk mitigation activities. This maximum amount reflects the best estimate to perform the aforementioned requirements and has been used to establish the value of this contract. The Government shall order support by issuing task orders, in accordance with NFS 1852.216- 80, Task Ordering Procedure. Once the maximum amount of support has been ordered, the Government may increase the maximum amount of support via contract modification in accordance with the Option Clause of this Contract.

In the event that less than 95 percent of the maximum amount established at contract award is used, and the Government has not invoked its rights under the Termination clause of this contract to adjust the contract for such reduced effort, an…